System Of A Criminal Prosecution Added Additional

Public prosecution system was added after the prosecution prosecution, found missing in their co-accused suspects associated with other crimes or cases, and can be prosecuted and tried with the original complaint, it added a new complaint on the basis of the original Content prosecution system. As an important part of an indictable indictable additional changes in the broad sense, is one form of exercise of the right of public prosecution. The legal action for running criminal proceedings will have a greater impact: In the complaint, the operation will increase its prosecutor accused of a crime that the defendant and the associated case, thereby expanding the scope of the indictment; in the trial areas After the trial based on the same complaint, indictment added, the scope of judicial trial will be expanded accordingly; in addition to the defense, the prosecution will inevitably added to the defense of the accused, the defense a major impact. It can be said the additional indictment related to the control, defense, the trial interests of the three parties, for the achievement of justice and efficiency of these two lawsuits theme has a more significance.Essentially, one is not only the right of prosecution indictment additional forms of expression, but also a self-redress mechanisms vulnerability exists in the course of the operation for the Public Prosecution. At present, China’s "Code of Criminal Procedure," There are no express provision in the additional indictment, it exists only among the relevant judicial interpretations and regulations are too simple, the legal system has not yet formed a comprehensive system, a direct impact on the application of this system. The current study abroad for an additional indictment has been relatively more mature, but our academic research indictment for additional attention and deep enough, scholars study more often withdraw the prosecution, the prosecution is rare for an additional concern, which to some extent hindered the further development of the system of public prosecution added in theory and practice. The concept paper from the indictment added, features, and restriction analysis of necessity and proportionality of view, based on the current situation in our practice additional indictment, examine the problems of the system, on how to improve their proposals put forward some superficial.In this paper, the text is divided into five parts, the first part is an overview of the public prosecution system added to the concept of public prosecution system as additional research starting point, and thus leads to indictment additional features and classification analysis, which summarizes its characteristics, is mainly focused additional changes in the indictment and the indictment withdrawn difference in prosecution, in order to highlight the value of an independent study of the system. The second part theoretically elaborated the necessity and the need for additional properties indictment moderate restrictions indictment demonstrates the significance of the presence of an additional system and the potential negative impact of improper operation, which analyzes the main complaint is about the fairness and efficiency value started to explore. The third part is the empirical analysis of the current situation indictment additional system, first apply additional indictment from our practice to start, summed up the characteristics of practice-related cases, bent over backwards to find a significant impact on the indictment by Prosecutor additional applicable concluded that The main reason for the existence of leakage guilty practice indictment stage. The fourth part based on inadequate legislation and judicial practice, and introduces the main problems of public prosecution system in the presence of additional, specifically including unauthorized explain the phenomenon exists on the legislation, the court indictment for review formality,, indictment added additional grounds undistributed, additional time and frequency requirement is unreasonable, confusing and inadequate operating procedures to protect the right of defense. The fifth part is added to the reform of public prosecution system perfect proposal, first establish the main principles of reform and improve the system of additional indictment to be followed, including the division of labor, guaranteeing the principle of cooperation and strengthen the principle of restricting the right to defense, and secondly there is a problem proposed for Part IV corresponding improvement suggestions to the construction of additional prosecution system can have implications.